BILL NUMBER:A10145
TITLE OF BILL: An act to amend the county law and the correction law,
in relation to allowing two or more counties to enter into a contract
for the provision of a county jail
PURPOSE OR GENERAL IDEA OF BILL:
To provide that counties may share a jail instead of having separate
jails in each county.
SUMMARY OF SPECIFIC PROVISIONS:
Adds a new section 500-0 to the Correction Law to provide that counties
may share in the construction, maintenance, bonding, and long term
financing associated with a county jail.
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
The Commissioner of the State Commission on Correction refuses to allow
counties to share the construction, maintenance and financing of jails.
In fact, when approached by Sullivan County officials about the concept
of developing a regional jail with one of the adjoining counties,
replied: "New York has regions; they're called counties." - source:
Times Herald Record, February 10, 2010.
JUSTIFICATION:
The answer of a State agency Commissioner when approached about the
concept of a sincere regional cost sharing concept was to dismiss it out
S T A T E O F N E W Y O R K
________________________________________________________________________
10145
I N A S S E M B L Y
March 5, 2010
___________
Introduced by M. of A. GUNTHER -- read once and referred to the Commit-
tee on Correction
AN ACT to amend the county law and the correction law, in relation to
allowing two or more counties to enter into a contract for the
provision of a county jail
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 217 of the county law is amended to read as
follows:
S 217. County jail. [Each] EXCEPT AS PROVIDED BY SECTION 500-O OF THE
CORRECTION LAW, EACH county shall continue to maintain a county jail as
prescribed by law.
S 2. The correction law is amended by adding a new section 500-o to
read as follows:
S 500-O. AUTHORIZATION FOR SHARED COUNTY JAILS. 1. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, A COUNTY MAY ENTER INTO A
CONTRACT WITH ANOTHER COUNTY OR WITH THE STATE, TO SHARE IN THE
CONSTRUCTION, FINANCING, IMPROVEMENT, AND MAINTENANCE OF A COUNTY JAIL.
SUCH CONTRACTS, IF ENACTED, MAY RUN CONCURRENT WITH ANY BOND OR
LONG-TERM FINANCING ASSOCIATED WITH THE CONSTRUCTION OF OR IMPROVEMENT
TO A COUNTY JAIL.
2. AN AGREEMENT BETWEEN TWO OR MORE COUNTIES TO SHARE IN THE
CONSTRUCTION, FINANCING, IMPROVEMENT, AND MAINTENANCE OF A COUNTY JAIL
PURSUANT TO THIS SECTION SHALL INCLUDE A PROVISION FOR THE PROPORTIONATE
COST, INCLUDING COSTS ASSOCIATED WITH BONDING, TO BE BORNE BY EACH COUN-
TY. THE CONTRACTING COUNTIES MAY AGREE THAT THE BONDING OR FINANCING
MECHANISM FOR THE PROVISION OF A COUNTY JAIL MAY BE AMENDED UPON THE
MUTUAL CONSENT OF EACH CONTRACTING COUNTY'S LEGISLATURE OR BOARD OF
SUPERVISORS, AND IF THE COUNTY HAS A COUNTY EXECUTIVE, UPON THE APPROVAL
OF THE COUNTY EXECUTIVE. THE DISAPPROVAL OF A COUNTY EXECUTIVE, HOWEVER,
MAY BE OVERRIDDEN BY THE VOTE OF TWO-THIRDS OF THE GOVERNING BODY OF THE
COUNTY.
3. IF TWO OR MORE COUNTIES ENTER INTO AN AGREEMENT TO SHARE IN THE
CONSTRUCTION, FINANCING, IMPROVEMENT, AND MAINTENANCE OF A COUNTY JAIL,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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